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<br />(I) Private Restrictions, Thcre ar.:: no private restrictions or agreements with any I
<br />public authority that will not appear in the Title Commitment and that will affect the -I
<br />present or future uses that may be made of the Property, including but not limited to size
<br />or cost of buildings or stmctures; limitation on use or restrictions in regarcl to fences,
<br />roofs, garages, and heights of buildings or structures, except for building and zoning
<br />codes; agreements to subject architectural plans to an association or other group; I
<br />provisions requiring improvements; provisions reqLliring the joining of oth.::rs in group
<br />actions; or restrictions imposed on the Property due to its historical significance.
<br />(g) Hazardous Suostances. Seller has not placed, caused to be placed. or knowingly I
<br />allowed to be placed thereon any toxic or hazardous substances or wastes, pollLltants, or
<br />contaminants (including without limitation petroleum products) as defined in any federal, I
<br />state or local environmental statute, regulation, or ordinance on the Property. T.o the best
<br />of Seller's knowledge, after clLle inquiry, no substanccs or conditions exist in or on the
<br />Property that may support a claim or cause of action under any federal, state, or local . . I
<br />environmental statutes, regulations, or ordinances. Seller' shall reimbmse, indemnifY,
<br />defend and hold hanuless Buyer for all costs and expenses incurred by Buyer in
<br />connection with or arising out of the existence of any hazardous substance on or under I
<br />the Property, including but not limited to costs and expenses for the removal, clean-up
<br />and/or other remediation of the same as necessary in Buyer's sole judgment. No above- I
<br />ground or underground tmlks are locatcd in or about the Property or have been located
<br />uncleI', in, or about the Propcrty and have subsequently been rcmoved or filled. To the
<br />extent storage tanks exist on or under the Real Property, such storage tanks have been ..
<br />duly registered with all appropriate regulatory and govenunental bodies and otherwise are
<br />in compliance with applicable federal, state, and local statutes, regulations, ordinances,
<br />and other regulatory rcquirements. There are no wells or individual sewage treatment I
<br />systems on or serving the Property.
<br />(h) FlRPT A. Seller is not a "foreign person," "foreign partnership," "foreign trust" or I
<br />"foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code.
<br />Seller will indemnify Buyer, its successors, and assigns, against, and will hold Buyer, its I
<br />successors, and assigns, harmless from, any expenses or damages, including re~sor:able '
<br />attorneys' fees, that Buyer incurs because of the breach of any of the above representations and
<br />warranties, whether such breach is discovered before or after C.losing. I
<br /> BY BUYER.
<br />10.) REPRESENTATIONS WARRANTIES AND INDEMNITY
<br />BLlyer represents and warrants to Seller that Buyer is a municipal corporation duly organized in I
<br />the State of Minnesota; that Buyer is duly qualified to transact business in the State of
<br />Minnesota; that Buyer has the power and authority to execute this Agreement and any Buyer's
<br />Closing Documents signed by it; that all such documents have been duly authorized by all I
<br />necessary corporate action on the part of Buyer ancl at the Closing shall have been duly executed
<br />and delivered; that the execution, delivery, and performance by Buyer of such documents does
<br />not conflict with or violate Buyer's Articles ofIncorporation, Bylaws, or any judgment, order or I
<br />decree of any court or arbiter or any agreement by which Buyer is bound; and that all such
<br />documents are valid and binding obligations of Buyer and are enforceable in accordance with ..
<br /> 8.
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